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James S. Bettersworth

James Bettersworth’s Answers

25 total


  • Is an order of protection applicable to one child harassing another and can a slander case be made?

    James’s Answer

    Assuming the accusations are false, you can retain an attorney to send a cease and desist letter to the family demanding that they stop making defamatory statements about your child and about your family. If the conduct continues, you will have to consider suing the person or persons making the defamatory/false statements .

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  • How long will it take for my divorce to be finalized?

    James’s Answer

    In most cases, the court can't finalize a divorce in Texas until it has been on file for 60 days. The 60 days is calculated from the date of filing, not the date you were served. This does not mean that every case is finalized immediately following 60 days. It depends on a number of factors, such as whether your case is in dispute or if an agreement has been reached. Not what you have been served, there are several legal issues that come into play, such as your legal obligation to file a response and/or make an appearance in the divorce proceeding. You should immediately consult with an attorney .

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  • Is the law the same in Texas about sueing a unlicensed contractor for not completing the work

    James’s Answer

    In Texas, your general contractor is not required to be licensed in most cases. How you proceed may be controlled by the contract that you signed with the contractor. For example, does the contract invoke the residential construction liability act? Does it have an arbitration clause? You should first have the contract reviewed by an attorney so that the attorney may give you your legal options. As for damages, in most cases like yours, you would sue for the difference between what you contracted with him for and what it actually costs you to complete the job with another contractor. You would also sue for your attorney's fees and costs. If you can establish that he acted knowingly and/or intentionally, you may be able to due for additional damages under the D.T.P.A. The first step is to consult with an attorney that is experienced in construction litigation.

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  • The police officer didn't believe I was disabled with life problems I fell an died almost 2 years ago they put me n jail

    James’s Answer

    Without additional facts surrounding your situation, I am unable to give you any definitive suggestions other then to consult with both a criminal defense attorney and personal injury attorney immediately. It sounds like you have two separate legal issues going on that need to be addressed by an attorney immediately. You can search for an attorney in both areas on Avvo or you can call the Texas Bar Association Referral System.

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  • What are my rights when I file my divorce case in Texas if I get married in another country?

    James’s Answer

    The jurisdictional issues that can arise in your situation can be very complicated. You should first consult with a family law attorney to further explain the facts surrounding your marriage, your legal residency, etc. You should then have that attorney consult with an immigration attorney who is familiar with the laws pertaining to the country where you were married.

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  • I had an allergic reaction at an establishment and was wondering if I could sew for the medical bills?

    James’s Answer

    Whether or not you can make a claim for the allergic reaction will depend on a number of factors. For example, what caused the reaction, was it something that the owner of the establishment new about or should have known about. Did its presence at the establishment create a dangerous condition. You should immediately consult with an attorney qualified in both toxic torts and premise liability in order to get a better idea as to the merits of your claim.

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  • If a doctor told you that it was ok to take estrogen but in all actuality it wasn't, they just assumed it was ok..what can I do?

    James’s Answer

    Medical Mal-practice cases are extremely complicated. Whether your doctor fell below the applicable standard of care in giving you the advice will depend on a number of factors - did he review your medical history, was he up to date on the specifications and requirements that pertain to that medication. These are just a few. You should immediately consult with a qualified medical mal-practice attorney.

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  • Can a temporary order require my husband to move out?

    James’s Answer

    It is not uncommon for a court to award one party to the divorce exclusive use of the marital residence. Many factors will be taken into consideration - who will be the primary caregiver for the children; who can afford the mortgage payment, if children are involved, what is in their best interest. I would highly recommend that you consult with an attorney so that you have a better understanding of how your fact specific scenario may impact the outcome of that issue.

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  • Does the respondent have to sign the final decree for divorce in Texas if she turned in a waiver of service?

    James’s Answer

    As stated by some of the other attorneys answering this question, it depends on the terms of the waiver. i would recommend that you have the waiver reviewed by an attorney. Some waiver's will state that the party executing the waiver is waiving his right to sign the final order whereas some will specifically state that the signing party is not waiving his right to sign final orders, receive notice of hearings, etc.

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  • Can a Final Divorce Decree Be changed or "Modified" After Ten years

    James’s Answer

    Additional facts are needed in order to fully respond to your question. Typically, the terms of a property division contained in a divorce decree are not modified unless a party failed to disclose an asset during the divorce proceeding or an asset was discovered after the fact. Under those scenarios, a party can go back to court and ask for the court to deal with the undisclosed or undiscovered asset. If the military retirement was awarded to your husband in the decree, I am not aware of any grounds that would not justify her coming back to court 10 years later and asking for a portion of it.

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